Need a police use of force lawyer? You will be represented by the best at Conlogue Law LLP for any police excessive force used against you. Excessive force by the police during an arrest violates the Fourth Amendment to the U.S. Constitution and your rights. A suspect who has been a victim of excessive force has a viable lawsuit against the abusing officers and even the municipality that employs them.
Civil Rights Lawyer
A “tort” is a legal term for a civil wrong (as opposed to a criminal wrong) that resulted in some kind of injury to you. Many civil claims against police officers involve the torts of assault and battery. Sometimes, these claims involve the tort of negligence.
Most lawsuits against police officers involve claims under 42 U.S.C. § 1983. A section 1983 claim alleges that the officer acted under color of law and violated your constitutional rights. The use of excessive force constitutes a valid claim under section 1983 because it violates the Fourth Amendment prohibition against unreasonable seizures.
Police Excessive Force
Police officers are generally allowed to use force is to make an arrest or defend themselves, but the force cannot be unreasonable. In most jurisdictions, a jury has to decide whether an officer used more force than was necessary to make an arrest, and the judge instructs the jury to consider what a reasonable person with the officer’s knowledge would have deemed necessary under the circumstances.
So, an arresting officer is allowed to use more force to arrest a resisting suspect than a compliant suspect, and may use deadly force sometimes if threatened with death or great bodily harm. The amount of force an officer may lawfully use against a fleeing suspect depends on various factors. For a free consultation on whether the police committed excessive force against you, call us at (213) 255-8837.
When an officer’s use of force was excessive, we will obtain justice for the victim.